Bataan Heroes College
Balanga City, Bataan
DISPUTE
INTRODUCTION
RESOLUTION AND TO
CRIMINOLOGY
CRISIS INCIDENTS
33
MANAGEMENT
NIÑA ALYANNA L. CERUDO
INSTRUCTOR
CRIMINAL JUSTICE DEPARTMENT
NIÑA ALYANNA L. CERUDO
INSTRUCTOR
CRIMINOLOGY DEPARTMENT
BATAAN HEROES COLLEGE
LESSON 1: PRINCIPLES AND PHILOSOPHIES OF
RECONCILIATION, ARBITRATION, NEGOTIATION AND
MEDIATION
Learning Objectives:
After studying this module, you should be able to:
1. Understand the principles and philosophies of reconciliation, arbitration, negotiation, and
mediation;
2. Discuss the different conflict resolution strategies; and
3. Compare and contrast arbitration, negotiation, and mediation.
Course Schedule
Week Module No Module
1.2 1 LESSON 1: PRINCIPLES AND PHILOSOPHIES OF
RECONCILIATION, ARBITRATION, NEGOTIATION AND
MEDIATION
a. Conflict Resolution Strategies
b. Arbitration
WHAT IS A DISPUTE?
It is an argument, controversy, disagreement, debate or a quarrel between people or groups
of people. It refers to something they fight about because of a conflict that gives rise to a
legal proceeding.
CONCEPT OF CONFLICT
The word conflict comes from the Latin word “Conflingere” which means to come
together for a battle.
A serious disagreement and argument about something important.
It defined as a clash between individuals, arising out of differences in thoughts, attitudes,
understanding, interests, requirements, and perceptions.
It is a struggle between people that may be physical or between conflicting ideas. It can
Dispute Resolution and Crisis Incidents Management Page 2
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
either be within one person, or they can involve several people or groups of people.
It may result to arguments, physical and emotional abuse and loss of peace and harmony.
CONFLICT THEORY
It states that tensions and conflicts arise when resources, status, and power are unevenly
distributed between groups in the society and that these conflicts become the engine for
social change.
It also states that society is in a state of perpetual conflict because of competition for limited
resources, that those with wealth and power try to hold on to it or to maximize it by any
means possible, by suppressing the poor and the powerless.
It attributes to the chaotic set-up of the society.
This theory was first developed by Karl Marx known as the father of social conflict theory.
ASSUMPTIONS OF CONFLICT THEORY
1. Competition
2. Revolution
3. Structural Inequality
4. War
PHASES/STAGES OF CONFLICT
1. Prelude to Conflict
It involves all factors which possibly arise a conflict among individuals.
2. Triggering Event
It refers to an event which triggers the conflict.
3. Initiation Phase
It refers to the phase when the conflict has already begun.
4. Differentiation Phase
It is the phase when the individuals voice out their differences with each other.
5. Resolution Phase
It is the phase where individuals try to compromise some extent and resolve it.
CONFLICT RESOLUTION
It refers to the methods and processes involved in facilitating the peaceful ending of a
conflict.
Dispute Resolution and Crisis Incidents Management Page 3
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
CONFLICT RESOLUTION STRATEGIES
THOMAS KILMAN INSTRUMENT (TKI)
It is designed to measure a person’s behavior in conflict situations, which concerns 2 people
who are incompatible with each other.
TWO DIMENSIONS DURING CONFLICT SITUATIONS
a. Assertiveness- own desire
b. Cooperativeness- other person’s desire
Five (5) CONFLICT RESOLUTION STRATEGIES
1. Avoiding
It is when people just ignore or withdraw from the conflict. Neither cooperative nor
assertive. In this strategy, nothing is resolved.
This is unassertive and uncooperative. The person neither pursues his own concerns nor
those of the other individual. Thus, he does not deal with the conflict.
2. Competing
It is used by people who go into a conflict planning to win. They are assertive but not
cooperative. It is a power-oriented mode in which any power was used to win.
This is assertive and uncooperative. An individual pursues his own concerns at the other
person’s expense. This is a power-oriented mode in which you use whatever power seems
appropriate to win your own position – your ability to argue, your rank, or economic
sanctions.
Competing means “standing up for your rights,” defending a position which you believe
is correct, or simply trying to win.
3. Accommodating
It is a strategy where one party gives into the wishes or demands of another. They are
cooperative but not assertive. It is less helpful when one party accommodates another
merely to preserve harmony or to avoid disruption. “Self-Sacrifice”.
Accommodating might take the form of selfless generosity or charity, obeying another
person’s order when you would prefer not to, or yielding to another’s point of view.
4. Collaborating
It is the method used when people are both assertive and cooperative. It involves an
Dispute Resolution and Crisis Incidents Management Page 4
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
attempt to work with others to find solution that fully satisfies both concerns. It is to allow
each participant to make a contribution and learn from each other.
Collaborating between two persons might take the form of exploring a disagreement to
learn from each other’s insights or trying find a creative solution to an interpersonal
problem.
5. Compromising
It is where people are partially assertive and cooperative. The concept is that everyone
gives up a little bit of what they want and no one gets everything they want. It is about
being fair even if no one is happy with the result.
It is moderate in both assertiveness and cooperativeness. The objective is to find some
expedient, mutually acceptable solution that partially satisfies both parties. It falls
intermediate between competing and accommodating.
TYPES OF DISPUTES
a. Family;
b. Neighborhood;
c. Relationship;
d. Business;
e. Housing;
f. Employment;
g. Securities;
h. Consumer; and
i. Environmental
NEGOTIATION
A process where two parties in a conflict or disagreement try to reach a resolution together.
PROCESS
Prior - consult a lawyer.
During - parties or their representatives (lawyers) discuss the issues to come to a resolution.
PRINCIPLES OF NEGOTIATION
a. REASON
to produce something better than the results that can be obtained without negotiation (Fisher
Dispute Resolution and Crisis Incidents Management Page 5
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
et al., 1991)
b. GOAL
An agreement that is acceptable to all parties, to which they remain committed, and which
they indeed implement.
MEDIATION
Process where a neutral person assists the parties in discussing the matter and reaching a
solution.
MEDIATOR
A person who conducts mediation.
Help the parties communicate.
Ensures that communication between the parties is fair and honest.
He is not judge or an arbitrator and cannot take the side of either party, gives legal advice,
and/or provides counselling.
Can assist by clarifying issues, identifying concerns, and helping parties understand each
other's interests.
Can assist the parties in reaching an agreement between them but will not force the parties
into a solution during mediation.
HOW IS MEDIATION DONE?
In private and the decisions made are private.
Can take place in person where parties meet face-to-face for discussions.
Or, the parties may be place at separate locations where the mediator communicates
information between parties.
After mediation, the parties can sign a Memorandum of Agreement (MOA).
Memorandum of Agreement (MOA)
A cooperative agreement written between the parties to obey the agreed terms and
conditions.
Mediators writes the MOA which outlines details of the solutions reached by the parties.
Purpose: to have a written understanding of the agreement between the parties.
Each party should have their lawyer to review the MOA.
Dispute Resolution and Crisis Incidents Management Page 6
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
ETHICAL CONDUCT OF A MEDIATOR
1. Competence
2. Impartiality
3. Confidentiality
4. Consent and Self-Determination
5. Separation of Mediation from Counseling and Legal Advice
6. Charging Fees
7. Promotion of Respect and Control of Abuse Process
8. Solicitation or Acceptance of any Gift
CHARACTERISTICS OF MEDIATION
1. Promotes communication and cooperation.
2. Provides a basis for you to resolve disputes on your own.
3. Voluntary, informal and flexible.
4. Private and confidential, avoiding public disclosure of personal or business problems.
5. Reduces hostility and preserve ongoing relationships.
6. Allows the avoidance of uncertainty, time, cost and stress of going to trial.
7. Allows mutually acceptable agreements tailored to meet the parties need.
8. Win-win solution.
DISADVANTAGES OF MEDIATION
1. Possibility that a settlement between the parties may not arise.
2. Lacks the support of any judicial authority.
3. Absence of formality-not based on any legal principle.
4. Truth of an issue may not be revealed.
ARBITRATION
A process where a neutral third party makes a decision. The decision-makers in arbitration
are called arbitrators. There can be one arbitrator or multiple.
Common in commercial disputes, consumer and claim. employment matters, family
disputes, or insurance
Dispute Resolution and Crisis Incidents Management Page 7
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
Advantages of Arbitration over Court Hearings and Litigation
1. Faster
2. more flexible
3. less intimidating
4. less expensive
5. less argumentative
PROCESS
SUBMISSION - referring a dispute to an arbitrator.
HEARING - evidence and arguments are presented.
JUDGEMENT - decision
ARBITRAL DECISIONS (AWARDS)
Any partial or final decision by an arbitrator in resolving the issue or controversy.
Generally final and compulsory.
May be filed in court and enforced as if it were a court judgement.
Often take a long time to receive an arbitration award.
GENERAL PRINCIPLES OF ARBITRATION
1. The object is to obtain a fair resolution of disputes by an impartial third party without
unnecessary expense or delay.
2. Parties should be free to agree how their disputes are resolved, subject only to such
safeguards as are necessary in the public interest.
3. Courts should not interfere.
TYPES OF ARBITRATION
1. Domestic Arbitration
Within the country - RA 876 - The Arbitration Law
an act to authorize the making of arbitration and submission agreements, to provide for the
appointment of arbitrators and the procedure for arbitration in civil controversies, and for
other purposes
2. International Arbitration
Between sovereign states that are not settled by diplomatic negotiation or conciliation are
Dispute Resolution and Crisis Incidents Management Page 8
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
often referred, by agreement of both parties, to the decision of a third disinterested party,
who arbitrates the dispute with binding force upon the disputant parties.
3. International Commercial Arbitration
Private parties engage in cross border trade, often called “international business
transactions”, the legal issues that arise fall within the larger concept of private
international law.
4. Institutional Arbitration
One that is administered by an institution agreed upon by the parties and conducted in
accordance with that institution's arbitration rules.
May be referred to as administered arbitration.
5. Ad-hoc Arbitration
The parties and the arbitrators independently determine the procedure without the
involvement of an arbitral institution.
An arbitration administered by an arbitrator and/or the parties themselves.
6. Fast track Arbitration
Provide for shorter limits to ensure the speedy resolution of disputes.
Small amount disputes.
Dispute Resolution and Crisis Incidents Management Page 9
Niña Alyanna L. Cerudo
BATAAN HEROES COLLEGE
References
a. Caño, Gerry J., PhD, Bazan, Laurence P., PhD, Camara, Richard T., PhD., ““Dispute
Resolutions and Crises/Incident Management”, Wiseman’s Books Trading, Inc. 2024
b. Lud-ayen, Charesma Grace Killip, PhD, RCrim, Capdos, Marie Joy Macli-ing, PhD,
RCrim, “Dispute Resolution and Incident Management”, Wiseman’s Books Trading, Inc.
2023
c. Dr. Garcia, Mario A., “Dispute Resolutions and Crises/Incident Management”,
Wiseman’s Books Trading, Inc. 2021
d. Prof. Domingo, Christian., “Dispute Resolution and Crisis Management 2020 Edition”,
Wiseman’s Books Trading, Inc. 2020
e. Guerrero, Brian B., “Introduction to Philippine Criminal Justice System”, Wiseman’s
Books Trading, Inc., 2019
f. Https://www.studocu.com/ph/document/university-of-saint-louis/bs-management-
accounting/criminology-6-dispute-resolution-and-crises-incidents-management/30882133
g. https://lawphil.net/statutes/repacts/ra2010/ra_10121_2010.html
Dispute Resolution and Crisis Incidents Management Page 10
Niña Alyanna L. Cerudo
